Laserfiche WebLink
ENVIRONMENTAL REMEDIATION ACCESS AGREEMENT <br /> BETWEEN <br /> LINCOLN CENTER ENVIRONMENTAL REMEDIATION TRUST <br /> AND <br /> THE FAHN BROS. PROPERTIES, LLC <br /> EFFECTIVE DATE: JUNE 9, 1999 <br /> RECITALS <br /> A. As a result of the recent settlement in the case Lincoln <br /> Properties, Ltd. v. Norman Higgins, et al. , Case No. CV-S-91-760- <br /> DFL-GGH (memorialized, in part, by the Amended First Final Consent <br /> Decree, Final Order, Final Judgment and Order Terminating Permanent <br /> Injunction which was lodged with the United States District Court, <br /> Eastern District of California [the "Court"] on June 4, 1999 [the <br /> "Amended First Final Consent Decree"] ) , the Settling Dry Cleaning <br /> Defendants (the "SDCDs") have been discharged from all <br /> responsibility to investigate and clean up certain hazardous <br /> substance contamination at and emanating from Lincoln Center, <br /> located at Stockton, California (the "Site") . In accordance with <br /> the Amended First Final Consent Decree, the obligations and <br /> authority to perform such work have now been assumed by the Lincoln <br /> Center Environmental Remediation Trust (the "Trust" or <br /> "Permittee") . As part of this settlement and pursuant to the <br /> Amended First Final Consent Decree, Mark A. Adams has been <br /> designated by the Court as "Trustee" for the Trust with authority <br /> to oversee and direct the Trust in the investigation and cleanup of <br /> the Site. <br /> B. Pending the entering of the Amended First Final Consent <br /> Decree by the Court, the Trust, under the oversight and direction <br /> of Mark A. Adams, as Trustee, has interim authority to investigate <br /> and clean up the Site pursuant to the June 9, 1999 Order Creating <br /> Lincoln Center Environmental Remediation Trust on an Interim Basis, <br /> signed by Judge David F. Levi (the "Interim Order") . The Trustee <br /> has currently retained an environmental consultant, LFR Levine- <br /> Fricke ("LFR" ) , to carry out, on behalf of the Trust, environmental <br /> investigation, remediation and other remediation-related tasks to <br /> investigate and clean up the Site, as required by the Amended First <br /> Final Consent Decree . The Trustee may from time to time replace <br /> said environmental consultant pursuant to the procedures set forth <br /> in the Amended First Final Consent Decree. <br /> C. This Access Agreement shall grant access to the Trust to <br /> perform all "Work, " as that term is defined in the Amended First <br /> Final Consent Decree, as may be required to be performed by the <br /> Trust on certain real property located at Lincoln Center, generally <br /> bounded by Benjamin Holt Drive, Pacific Avenue, Douglas Road and <br /> Gettysburg Place in Stockton, California (the "Subject Property" ) <br /> (see attached Figure 1) (such portion of the Work performed on the <br /> Subject Property referred to hereinafter as the "Permitted <br /> Activities") . Fee ownership of the Subject Property is currently <br /> vested in The Fahn Bros. Properties, LLC, as defined in the <br /> SF 122493.3 99900 00100 <br /> 10/20/99 12:00 PM <br />